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People v. Delgado

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 478 (N.Y. App. Div. 1996)

Summary

In Delgado, the exceptional circumstances apparently arose from the inadequacy of the moving papers, upon which a hearing was granted, and the fact that the trial court was considerably more familiar with the facts of the case than the motion court.

Summary of this case from People v. Bezjak

Opinion

March 26, 1996

Appeal from the Supreme Court, New York County (Felice Shea, J.).


The court properly denied defendant's suppression motions without a hearing. The law of the case doctrine was not binding since exceptional circumstances existed, warranting reconsideration of the previous order directing a Dunaway hearing. Defendant's moving papers did not warrant a hearing ( People v Marte, 207 A.D.2d 314, 316, lv denied 84 N.Y.2d 937), and the trial court was considerably more familiar with the facts of the case than the motion court.

Concur — Sullivan, J.P., Rosenberger, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Delgado

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 478 (N.Y. App. Div. 1996)

In Delgado, the exceptional circumstances apparently arose from the inadequacy of the moving papers, upon which a hearing was granted, and the fact that the trial court was considerably more familiar with the facts of the case than the motion court.

Summary of this case from People v. Bezjak
Case details for

People v. Delgado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARMANDO DELGADO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1996

Citations

225 A.D.2d 478 (N.Y. App. Div. 1996)
639 N.Y.S.2d 918

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